Southtowns Record

Village Board agenda — July 6, 2026

Government
Village of East Aurora
Board
Village Board
Meeting
Jul 6, 2026
Kind
Agenda
Topics
Public safety, Zoning and land use, Budget and taxes, Housing, Audits and oversight, Parks and recreation, Roads and traffic, Water, sewer and drainage

Original document

Same meeting

Text · page 79 of 97

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in accordance with applicable law. The Village shall be responsible for the content, scheduling,
and administration of the PEG Channel(s), and may delegate such functions, or a portion of such
functions, to a designated access provider.

  SECTION 8
  ENFORCEMENT, INSURANCE AND INDEMINIFICATION

8.1  VIOLATIONS AND OPPORTUNITY TO CURE

  (a)  If the Village has reason to believe that Charter violated any material provision of
this Agreement, it shall notify Charter in writing of the nature of such violation, the section(s) of
this Agreement that it believes has been violated and the details relating thereto. Subject to
applicable law, if the Village does not notify Charter of any violation of this Agreement, it shall
not operate as a waiver of any rights of the Village hereunder or pursuant to applicable law.

  (b)  Charter shall have thirty (30) days to cure such violation after written notice is
received by taking appropriate steps to comply with the terms of this Agreement. If the nature of
the violation is such that it cannot be fully or reasonably cured within thirty (30) days, the period
of time in which Charter must cure the violation shall be extended in writing for such additional
time necessary to complete the cure, provided that Charter shall have promptly commenced to cure
and is diligently pursuing its efforts to cure or other remedies available under applicable law.

8.2  LIQUIDATED DAMAGES

  (a)  Because Charter’s failure to comply with material terms of this Agreement may
result in harm to the Village, and because it will be difficult to measure the extent of such injury,
the Village may assess liquidated damages against Charter in the specific amounts set forth below:

  1.  Failure to satisfy the technical requirements set forth in Section 3.1 of the
  Agreement - $200 per day;

  2. Failure to file, obtain, or maintain the insurance coverage required under
  Section 8.4 of the Agreement - $200 per day; and

  3. Failure to repair and/or restore damage to Town property as required by
  Section 3.5 - $200 per day;

  (b) Before the Village may impose any liquidated damages set forth above, it must
provide Charter notice and an opportunity to cure the alleged violation in accordance with Section
8.1. The Village shall provide Charter with written notice that it intends to assess liquidated
damages as a remedy. Such damages shall be an exclusive remedy for the time period in which
they are assessed; provided, however, they shall not be a substitute for specific performance by
Charter or legal action by the Village once assessment of liquidated damages ceases, but shall be

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